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Wednesday, July 8, 2009

Bounty bar not distinctive.

What would you say if someone showed you the following bar of chocolate?

You'd immediately say Bounty, right?

Well apparently the Bounty bar isn't distinctive enough to warrant a European community trademark. The manufacturer, Mars, applied for a trademark on the basis of its unique "three dimensional nature" which was granted in 2003, but overturned following an appeal by manufacturer Ludwig Schokolade.

The European Court also said that a survey carried out by Mars in six of the then 15 member states - United Kingdom, Belgium, France, Germany, Italy and the Netherlands - did not necessarily mean the Bounty Bar's shape was regarded as a unique selling point throughout the EU.

What do you think? Can a manufacturer copyright a bar's shape - assuming that it doesn't carry a trademark or logo?

1 comment

Wow I didn't realise they could trademark such a thing. But you are right, that bar in the photo a Bounty to me. That was my Mum's bar of choice when we were growing up. Now she has moved on to the LIDL ones. And they look the same as your photo too ... we still call them Bounty though.

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Hi, I'm Joanne, a technology consultant living in Dublin, Ireland. I've been blogging for over 9 years on Stitch & Bear, and I invite you to follow me on my food and drink journey in Ireland and wherever the wind takes me